Pre-Conception and Pre-Natal Diagnostic

Techniques Act, 1994

 National Commission for Women
Nation wide Program for
Generating Awareness about
Legal Rights of Women

Resource Person
Professor & Lawyer. Puttu Guru Prasad
M.Com. M.B.A., L.L.B., M.Phil. PGDFTM, APSET.
ICFAI TMF, (PhD) at JNTU Kakinada
Senior faculty for Management studies, VVIT.
93 94 96 98 98, 9885 96 36 36
puttuvvit@gmail.com
 Objective of this law
Prohibit sex selection (before or after
conception)

Regulate pre-natal diagnostic techniques

for detecting genetic or metabolic
disorders or chromosomal abnormalities
or certain congenital mal-formations or
sex linked disorders

Prevent misuse of such techniques for the

purpose of sex determination of female
feticide
 Point to Remember:
No medical geneticist/
gynecologist/ pediatrician/ doctor/
any other person can conduct or
cause to be conducted or aid in
conducting by himself or through
any other person any pre-natal
diagnostic techniques other than
at a registered place.
Does the law allow the conduct
of PNDT?
Yes. Conduct of pre-natal diagnostic
techniques is allowed only for the
detection of:

Chromosomal abnormalities
Genetic metabolic diseases
Haemoglobinopathies
Sex-linked genetic diseases
Inborn anomalies
Other defects or diseases specified by
the central supervisory board
When can PNDT be conducted?
Techniques can be used or conducted only when any
of the following conditions exist:

Pregnant woman is above 35 years.

Pregnant woman has undergone 2
spontaneous abortions or foetal loss.
Pregnant woman has been exposed to
potentially teratogenic agents such as drugs/
radiation/ infection or chemicals.
Pregnant woman or her spouse has a family
history of mental retardation/ physical
deformities such as spasticity or any other
genetic disease.
Any other condition specified by central
supervisory board.
When can a person conduct of
PND procedures?
No person will conduct the pre-natal diagnostic
procedures unless:

(a)Explained all known side and after effects of the

procedures to the pregnant woman.

(b)Obtained her written consent to undergo the

procedures in the language which she
understands.

(c)Copy of her written consent is given to the

pregnant woman.
 PROHIBITIONS : ON PERSONS
No person will open any genetic counseling centre,
clinic or laboratory including clinic, laboratory or center
having any technology capable of undertaking
determination of sex of foetus and sex selection unless
such centre, clinic or laboratory is duly registered
separately or jointly.
No person including a relative or husband of the
pregnant woman will seek or encourage the conduct of
any pre-natal diagnostic techniques/ sex selection
technique on her except for medical reasons.
No person including the person conducting a pre- natal
diagnostic procedures will communicate to the
pregnant woman or her relatives or any other person
the sex of the foetus by words, signs or in any other
manner.
OFFENCES : By Persons
I. If any person acts contrary to the
prohibitions listed in the act, he will be
liable to be punished with:

Upto 3 years imprisonment and

Upto Rs.10,000 fine.

Any subsequent conviction entails:

Upto 5 years imprisonment and
Upto Rs.50,000 fine.
OFFENCES : By Persons
II. In case of a person seeking the aid of the
bodies or persons for sex selection or for
conducting pre-natal diagnostic techniques on
any pregnant woman for the purposes other than
those specified in the act, he shall be liable to be
punished with:

Imprisonment up to 3 years; and

Fine which may extend to Rs.50,000/-.

Any subsequent conviction entails:

Imprisonment which may extend to 5 years and
Fine which may extend to Rs.1 lakh.
 OFFENCES : By Persons
III. In case of a doctor his name will be
reported by the appropriate Authority to the
State Medical Council for taking necessary
action:

- Suspension of the registration if charges are

framed by the court and till the case is
disposed of and
- Removal of his name from the register of the
council on conviction for the period of:

Five years for the first offence.

Permanently for the subsequent offence.
 National Commission for Women
Nation wide Program for
Generating Awareness about
Legal Rights of Women

Resource Person
Professor & Lawyer. Puttu Guru Prasad
M.Com. M.B.A., L.L.B., M.Phil. PGDFTM,
APSET. ICFAI TMF, (PhD) at JNTU Kakinada
Senior faculty for Management studies, VVIT.
93 94 96 98 98, 9885 96 36 36